1 2025:CGHC:7341 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 207 of 2025 1 - V. Mahendra Kumar S/o Venkateshwar Aged About 47 Years ( Wrongly Mentioned As Vainketeshwar In Impugned Order) R/o Fauji Chowk Sector 01 Shivanand Nagar Khamtarai District - Raipur (C.G.) 2 - Vijay Bahadur Singh Thakur S/o V.B. Singh Thakur Aged About 40 Years R/o Laxmi Nagar Street No. 01 Near Shiv Mandir Sardar Vallabhbhai Patel Ward No. 18 Raipur District - Raipur (C.G.) 3 - Tarkeshwar Banjare S/o Ramratan Banjare Aged About 30 Years R/o Mig - 01 A/ 23/ 18 Ward - 12 Jawahar Nagar Bhilai Tehsil And District - Durg (C.G.) 4 - Abdul Firoz Khan S/o Abdul Mazid Khan Aged About 45 Years R/o Mig - 50 Durga Maidan Sector - 02 Shankar Nagar Raipur Tehsil And District - Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through P.S. Vaishali Nagar Bhilai District - Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. T. K Jha, Advocate and Mr. A. S. Rajput, Advocate For Respondent(s) : Mr. Sangharsh Pandey, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.02.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Date: 2025.02.10 18:55:10 +0530 2 are apprehending their arrest in connection with Crime No. 20/2025 registered at Police Station – Vaishali Nagar, Bhilai District – Durg (C.G.) for the offence punishable under Sections 420, 120-B of Indian Penal Code, 1860. 2. The prosecution story, in brief, is that Complainant Nidhi Oberai filed a written complaint at Vaishali Nagar Bhilai Police Station, District Durg (C.G.), stating that she purchased 1350 square feet of land through e- auction from PNB Housing Finance Limited. However, a demarcation report by the Revenue Inspector revealed that the land did not match the specified Khasra Number 6420. Instead, it belonged to government khasra land, part of 6148. Despite approaching PNB Housing Finance Limited, the complainant was not refunded the consideration amount of Rs. 12,70,500/- along with interest. The police registered an offense under Sections 420 and 120-B of the IPC against the applicants. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the PNB Housing Finance Limited issued two Demand Draft (DD) of Rs.12,70,500/- & Rs.1,99,308/- in the name of complainant along with 6% interest but complainant refused to take the DD, further the PNB Housing Finance Limited is always ready to pay Rs.12,70,500/- along with the interest of 6% to the complainant but the complainant demanded 18% interest on principle amount, and the applicants made accused in this case merely on account of being employee of PNB Housing Finance Limited, therefore, he prays for grant of anticipatory bail to the applicants. 3 4. On the other hand, learned State counsel opposes the bail application and submits that the applicants are not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicants, and from the perusal of the case diary it transpires that the PNB Housing Finance Limited issued two Demand Draft (DD) of Rs.12,70,500/- & Rs.1,99,308/- in the name of complainant along with 6% interest but complainant refused to take the DD, further the PNB Housing Finance Limited is always ready to pay Rs.12,70,500/- along with the interest of 6% to the complainant but the complainant demanded 18% interest on principle amount, and the applicants made accused in this case merely on account of being employee of PNB Housing Finance Limited, hence, this Court is of the view that the applicants are entitled to be granted anticipatory bail in this case. 7. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant Nos.1 to 4 – V. Mahendra Kumar, Vijay Bahadur Singh Thakur, Tarkeshwar Banjare and Abdul Firoz Khan on executing a personal bond with one surety each in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The Applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such fact to the 4 Court. (b) The Applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicants shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d)The Applicants and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicants shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Saxena